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Federal Register / Vol. 71, No.

130 / Friday, July 7, 2006 / Notices 38663

independent fiduciary or a participant 44 U.S.C. chapter 35). A copy of this (MSPA) and section 500.80 of
exercising investment rights pertaining ICR, with applicable supporting Regulations 29 CFR part 500, Migrant
to his or her individual account under documentation, may be obtained by and Seasonal Agricultural Worker
the plan. Updated versions of the contacting Darrin King on 202–693– Protection, require that each farm labor
reports must be provided to the 4129 (this is not a toll-free number) or contractor, agricultural employer, and
directing person as subsequently e-mail: king.darrin@dol.gov. agricultural association which employs
published. The exemption further Comments should be sent to Office of any migrant or seasonal worker, make,
requires the plan to maintain records Information and Regulatory Affairs, keep, and preserve records for three
concerning investments in a Trust REIT, Attn: OMB Desk Officer for the years for each worker. These records
subject to appropriate confidentiality Employment Standards Administration include the basis on which earnings are
procedures, for a period of six years and (ESA), Office of Management and paid, the number of piece work units
make them available to interested Budget, Room 10235, Washington, DC earned, if paid on piece work basis, the
persons including the Department and 20503, 202–395–7316 (this is not a toll- number of hours worked, the total pay
participants and beneficiaries. The free number), within 30 days from the period earnings, the specific sums
confidentiality procedures must be date of this publication in the Federal withheld and the purpose of each sum
designed to protect against the Register. withheld, and the net pay. It is also
possibility that an employer may exert The OMB is particularly interested in required that an itemized written
undue influence on participants comments which: statement of this information be
regarding share-related transactions, and • Evaluate whether the proposed provided to each worker each pay
the participants and beneficiaries of the collection of information is necessary period. The WH–501 (English) and WH–
plan must be provided with a statement for the proper performance of the 501 (Spanish) are optional forms which
describing the confidentiality functions of the agency, including a farm labor contractor, agricultural
procedures in place and the fiduciary whether the information will have employer and agricultural association
responsible for monitoring these practical utility; can maintain as a record and provide as
procedures. • Evaluate the accuracy of the a statement of earnings to migrant and
The information collection agency’s estimate of the burden of the seasonal agricultural workers and users
requirements of the exemption are proposed collection of information, of such workers listing the method of
intended to protect the interests of Plan including the validity of the payment of wages.
participants and beneficiaries by methodology and assumptions used; Ira L. Mills,
ensuring that Plan participants, Plan • Enhance the quality, utility, and
fiduciaries, and employers and Departmental Clearance Officer.
clarity of the information to be
employee organizations with employees [FR Doc. E6–10634 Filed 7–6–06; 8:45 am]
collected; and
and members covered by a Plan of the • Minimize the burden of the BILLING CODE 4510–27–P
Trust REIT or one of its employer collection of information on those who
affiliates are informed about the plan’s are to respond, including through the
transactions involving Trust REIT shares DEPARTMENT OF LABOR
use of appropriate automated,
and can monitor compliance with the electronic, mechanical, or other Office of the Secretary
conditions of the exemption. In technological collection techniques or
addition, the disclosure requirements other forms of information technology, Submission for OMB Review:
provide fiduciaries with sufficient e.g., permitting electronic submission of Comment Request
information on which to decide whether responses.
to invest in Trust REIT shares and Agency: Employment Standards June 29, 2006.
whether to continue such investments. Administration. The Department of Labor (DOL) has
The Department and the IRS, as well as Type of Review: Extension of submitted the following public
the other specified interested persons, currently approved collection. information collection requests (ICR) to
also can rely on the recordkeeping Title: Wage Statement. the Office of Management and Budget
requirement to oversee compliance with OMB Number: 1215–0148. (OMB) for review and approval in
the conditions of the exemption. Form Numbers: WH–501 (English) accordance with the Paperwork
and WH–501 (Spanish). Reduction Act of 1995 (Pub. L. 104–13,
Ira L. Mills,
Frequency: On occasion and per pay 44 U.S.C. chapter 35). A copy of each
Departmental Clearance Officer. ICR, with applicable supporting
period.
[FR Doc. E6–10633 Filed 7–6–06; 8:45 am] Type of Response: Recordkeeping; documentation, may be obtained by
BILLING CODE 4510–29–P Reporting; and Third party disclosure. contacting Darrin King on 202–693–
Affected Public: Farms and Business 4129 (this is not a toll-free number) or
or other for-profit. e-mail: king.darrin@dol.gov.
DEPARTMENT OF LABOR Number of Respondents: 1,385,864. Comments should be sent to Office of
Number of Annual Responses: Information and Regulatory Affairs,
Office of the Secretary
41,344,000. Attn: OMB Desk Officer for the
Submission for OMB Review: Estimated Average Response Time: 1 Employee Benefits Security
Comment Request minute. Administration (EBSA), Office of
Total Annual Burden Hours: 689,067. Management and Budget, Room 10235,
June 29, 2006. Total Annualized capital/startup Washington, DC 20503, 202–395–7316
The Department of Labor (DOL) has costs: $0.
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(this is not a toll-free number), within


submitted the following public Total Annual Costs (operating/ 30 days from the date of this publication
information collection request (ICR) to maintaining systems or purchasing in the Federal Register.
the Office of Management and Budget services): $0. The OMB is particularly interested in
(OMB) for review and approval in Description: Sections 201(d) and comments which:
accordance with the Paperwork 301(c) of the Migrant and Seasonal • Evaluate whether the proposed
Reduction Act of 1995 (Pub. L. 104–13, Agricultural Worker Protection Act collection of information is necessary

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38664 Federal Register / Vol. 71, No. 130 / Friday, July 7, 2006 / Notices

for the proper performance of the section 4975(c)(2) of the Code as well as the transactions to which the exemption
functions of the agency, including under 408(a) of ERISA to issue applies for a period of six years and
whether the information will have individual and class exemptions from make the records available on request to
practical utility; the prohibited transaction rules of specified interested persons (including
• Evaluate the accuracy of the ERISA and the Code. plan fiduciaries, the Department, and
agency’s estimate of the burden of the Section 406 of ERISA prohibits the Internal Revenue Service). This
proposed collection of information, certain types of transactions between information collection requirement is
including the validity of the plans and related parties (called parties considered necessary in order to ensure
methodology and assumptions used; in interest), such as plan fiduciaries, that the exemption meets the standards
• Enhance the quality, utility, and sponsoring employers, unions, service of section 408.
clarity of the information to be providers and affiliates. In particular, This exemption requires
collected; and under section 406, a fiduciary of a plan recordkeeping, including disclosure of
• Minimize the burden of the may not cause the plan to engage in a records on request to the Department
collection of information on those who transaction involving plan assets (e.g., a and other interested persons. The
are to respond, including through the sale, lease, loan, transfer, or furnishing Department believes that this
use of appropriate automated, of goods or services) with a party in information collection protects the
electronic, mechanical, or other interest or use the plan’s assets for the interests of participants and
technological collection techniques or benefit of a party in interest. beneficiaries in plans by enabling
other forms of information technology, Prohibited Transaction Class interested persons, including the
e.g., permitting electronic submission of Exemption (PTE) 90–1 provides an Department, to verify that the
responses. exemption from the restrictions of conditions of the exemptions have been
Agency: Employee Benefits Security section 406, in part, for certain met.
Administration. transactions between insurance Agency: Employee Benefits Security
Type of Review: Extension of company pooled separate accounts and Administration.
currently approved collection. parties in interest to plans that invest Type of Review: Extension of
Title: Bank Collective Investment assets in the pooled separate accounts. currently approved collection.
Funds; Prohibited Transaction Class The exemption provides a general Title: PTE 90–1; Insurance Company
Exemption 91–38. exemption for any transaction between Pooled Separate Accounts.
OMB Number: 1210–0082. a party in interest with respect to a plan OMB Number: 1210–0083.
Frequency: On occasion. and an insurance company pooled Frequency: On occasion.
Type of Response: Recordkeeping. separate account in which the plan has Type of Response: Recordkeeping.
Affected Public: Business or other for- an interest (or any acquisition or Affected Public: Business or other for-
profit and Not-for-profit institutions. holding by the pooled separate account profit and Not-for-profit institutions.
Number of Respondents: 1,200. of employer securities or employer real Number of Respondents: 70.
Number of Annual Responses: 1,200. estate), provided that the party in Number of Annual Responses: 70.
Estimated Annual Time Per interest is not the insurance company Estimated Annual Time Per
Respondent: 10 minutes. (or an affiliate of the insurance Respondent: 1.67 hours.
Total Burden Hours: 200. company) and that the amount of the Total Burden Hours: 120.
Total Annualized capital/startup plan’s investment in the separate Total Annualized capital/startup
costs: $0. account does not exceed certain costs: $0.
Total Annual Costs (operating/ specified percentages (or that the Total Annual Costs (operating/
maintaining systems or purchasing separate account is a specialized maintaining systems or purchasing
services): $0. account with a policy of investing services): $0.
Description: Section 408(a) of the substantially all of its assets in short- Description: Section 408(a) of the
Employee Retirement Income Security term obligations). Employee Retirement Income Security
Act of 1974 (ERISA) gives the Secretary The class PTE also provides specific, Act of 1974 (ERISA) gives the Secretary
of Labor the authority to ‘‘grant a additional exemptions for the following of Labor the authority to ‘‘grant a
conditional or unconditional exemption types of transactions with a party in conditional or unconditional exemption
of any fiduciary or transaction, or class interest: (1) Furnishing goods to an of any fiduciary or transaction, or class
of fiduciaries or transactions, from all or insurance company pooled separate of fiduciaries or transactions, from all or
part of the restrictions imposed by account, (2) leasing of real property of part of the restrictions imposed by
sections 406 and 407(a).’’ In order to the pooled separate account, (3) sections 406 and 407(a).’’ In order to
grant an exemption under section 408, transactions involving persons who are grant an exemption under section 408,
the Department must determine that the parties in interest to a plan merely the Department must determine that the
exemption is: (1) Administratively because they are service providers or exemption is: (1) Administratively
feasible; (2) in the interests of the plan provide nondiscretionary services to the feasible; (2) in the interests of the plan
and its participants and beneficiaries; plan; (4) the insurance company’s and its participants and beneficiaries;
and, (3) protective of the rights of the provision of real property management and, (3) protective of the rights of the
participants and beneficiaries of such services in connection with real participants and beneficiaries of such
plan. property investments of the pooled plan. Reorganization Plan No. 4 of 1978
Reorganization Plan No. 4 of 1978 (43 separate account, and (5) furnishing of (43 FR 47713, October 17, 1978,
FR 47713, October 17, 1978, effective on services, facilities and goods by a place effective on December 31, 1978)
December 31, 1978) transferred the of public accommodations owned by the transferred the authority of the Secretary
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authority of the Secretary of the separate account. of the Treasury to issue exemptions
Treasury to issue exemptions under In addition to other specified under section 4975 of the Code, with
section 4975 of the Code, with certain conditions, the insurance company certain enumerated exceptions, to the
enumerated exceptions, to the Secretary intending to rely on the general Secretary of Labor. As a result, the
of Labor. As a result, the Secretary of exemption or any of the specific Secretary of Labor now possesses
Labor now possesses authority under exemptions must maintain records of authority under section 4975(c)(2) of the

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Federal Register / Vol. 71, No. 130 / Friday, July 7, 2006 / Notices 38665

Code as well as under 408(a) of ERISA the transactions to which the exemption of Labor. As a result, the Secretary of
to issue individual and class applies for a period of 6 years and make Labor now possesses authority under
exemptions from the prohibited the records available on request to section 4975(c)(2) of the Code as well as
transaction rules of ERISA and the specified interested persons (including under 408(a) of ERISA to issue
Code. plan fiduciaries, the Department, and individual and class exemptions from
Section 406 of ERISA prohibits the Internal Revenue Service). This the prohibited transaction rules of
certain types of transactions between information collection requirement is ERISA and the Code.
plans and related parties (called parties considered necessary in order to ensure
in interest), such as plan fiduciaries, that the exemption meets the standards Section 406 of ERISA prohibits
sponsoring employers, unions, service of section 408. certain types of transactions between
providers and affiliates. In particular, This exemption requires plans and related parties (called parties
under section 406, a fiduciary of a plan recordkeeping, including disclosure of in interest), such as plan fiduciaries,
may not cause the plan to engage in a records on request to the Department sponsoring employers, unions, service
transaction involving plan assets (e.g., a and other interested persons. The providers and affiliates. In particular,
sale, lease, loan, transfer, or furnishing Department believes that this under section 406, a fiduciary of a plan
of goods or services) with a party in information collection protects the may not cause the plan to engage in a
interest or use the plan’s assets for the interests of participants and transaction involving plan assets (e.g., a
benefit of a party in interest. beneficiaries in plans by enabling sale, purchase, lease, loan, transfer, or
Prohibited Transaction Class interested persons, including the furnishing of goods or services) with a
Exemption (PTE) 90–1 provides an Department, to verify that the party in interest or use the plan’s assets
exemption from the restrictions of conditions of the exemptions have been for the benefit of a party in interest.
section 406, in part, for certain met.
transactions between insurance In 1994, in response to an application
Agency: Employee Benefits Security
company pooled separate accounts and from the American Bankers Association,
Administration.
parties in interest to plans that invest Type of Review: Extension of the Department adopted a prohibited
assets in the pooled separate accounts. currently approved collection. transaction class exemption (PTE 94–20)
The exemption provides a general Title: Foreign Exchange Transactions; permitting banks, broker-dealers, and
exemption for any transaction between Prohibited Transaction Class Exemption their affiliates (hereinafter, respondent)
a party in interest with respect to a plan 94–20. that are parties in interest to a plan to
and an insurance company pooled OMB Number: 1210–0085. engage in foreign currency transactions
separate account in which the plan has Frequency: On occasion. with the plan, provided the transaction
an interest (or any acquisition or Type of Response: Recordkeeping and is directed by a plan fiduciary
holding by the pooled separate account Third party disclosure. independent of the respondent and that
of employer securities or employer real Affected Public: Business or other for- certain other conditions are satisfied. To
estate), provided that the party in profit and Not-for-profit institutions. protect the interests of participants and
interest is not the insurance company Number of Respondents: 239. beneficiaries of the employee benefit
(or an affiliate of the insurance Number of Annual Responses: 1,195. plan, the exemption requires, among
company) and that the amount of the Estimated Annual Time Per
other things, that a respondent wishing
plan’s investment in the separate Respondent: 10 minutes.
Total Burden Hours: 200. to rely on the exemption (1) maintain
account does not exceed certain
specified percentages (or that the Total Annualized capital/startup written policies and procedures
separate account is a specialized costs: $0. applicable to trading in foreign
account with a policy of investing Total Annual Costs (operating/ currencies with an employee benefit
substantially all of its assets in short- maintaining systems or purchasing plan; (2) provide a written confirmation
term obligations). services): $0. of each foreign currency transaction to
The class PTE also provides specific, Description: Section 408(a) of the the independent plan fiduciary
additional exemptions for the following Employee Retirement Income Security directing the transaction; and (3)
types of transactions with a party in Act of 1974 (ERISA) gives the Secretary maintain records of the transactions for
interest: (1) Furnishing goods to an of Labor the authority to ‘‘grant a a period of six years and make them
insurance company pooled separate conditional or unconditional exemption available upon request to specified
account, (2) leasing of real property of of any fiduciary or transaction, or class interested persons, including plan
the pooled separate account, (3) of fiduciaries or transactions, from all or fiduciaries, participants and
transactions involving persons who are part of the restrictions imposed by beneficiaries, and the Department. This
parties in interest to a plan merely sections 406 and 407(a).’’ In order to information collection request relates to
because they are service providers or grant an exemption under section 408, the foregoing requirements.
provide nondiscretionary services to the the Department must determine that the
plan; (4) the insurance company’s exemption is: (1) Administratively The information collection
provision of real property management feasible; (2) in the interests of the plan requirements include recordkeeping,
services in connection with real and its participants and beneficiaries; third party disclosure, and disclosure to
property investments of the pooled and, (3) protective of the rights of the the Department. These requirements
separate account, and (5) furnishing of participants and beneficiaries of such enable the Department and other
services, facilities and goods by a place plan. interested persons to monitor
of public accommodations owned by the Reorganization Plan No. 4 of 1978 (43 compliance with the conditions of the
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separate account. FR 47713, October 17, 1978, effective on exemption. These conditions are
In addition to other specified December 31, 1978) transferred the necessary, as required under section
conditions, the insurance company authority of the Secretary of the 408(a) of ERISA, to ensure that
intending to rely on the general Treasury to issue exemptions under respondents rely on the exemption only
exemption or any of the specific section 4975 of the Code, with certain
exemptions must maintain records of enumerated exceptions, to the Secretary

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38666 Federal Register / Vol. 71, No. 130 / Friday, July 7, 2006 / Notices

in the circumstances protective of plan Title: Plan for Evaluation of the Trade proposed plan for a new Job Corps
participants and beneficiaries. Adjustment Assistance Program. Center will have no significant
OMB Number: 1205–0NEW. environmental impact. This Preliminary
Ira L. Mills,
Frequency: Other; one time collection. Finding of No Significant Impact
Departmental Clearance Officer. Affected Public: Individuals or (FONSI) will be made available for
[FR Doc. E6–10635 Filed 7–6–06; 8:45 am] households; State, Local, or Tribal public review and comment for a period
BILLING CODE 4510–29–P Government. of 30 days.
Type of Response: Reporting. DATES: Comments must be submitted by
Number of Respondents: 9,490. August 7, 2006.
DEPARTMENT OF LABOR Annual Responses: 9,490. ADDRESSES: Any comment(s) are to be
Average Response Time: 95 minutes submitted to Michael F. O’Malley,
Office of the Secretary for respondents. Office of the Secretary (OSEC),
Total Annual Burden Hours: 11,962. Department of Labor, 200 Constitution
Submission for OMB Review:
Total Annualized Capital/Startup Avenue, NW., Room N–4460,
Comment Request
Costs: 0. Washington, DC 20210, (202) 693–3108
June 29, 2006. Total Annual Costs (operating/
(this is not a toll-free number).
The Department of Labor (DOL) has maintaining systems or purchasing
FOR FURTHER INFORMATION CONTACT:
submitted the following public services): 0.
Description: This data collection plan Copies of the EA are available to
information collection request (ICR) to interested parties by contacting Michael
the Office of Management and Budget is for a six-year evaluation of the Trade
Adjustment Assistance program. The F. O’Malley, Architect, Unit Chief of
(OMB) for review and approval in Facilities, U.S. Department of Labor,
accordance with the Paperwork evaluation is comprised of an impact
analysis using a comparison group Office of the Secretary (OSEC), 200
Reduction Act of 1995 (Pub. L. 104–13, Constitution Avenue, NW., Room N–
44 U.S.C. chapter 35). A copy of this methodology. A process study is also
included to determine what 4460, Washington, DC 20210, (202) 693–
ICR, with applicable supporting 3108 (this is not a toll-free number) or
documentation, may be obtained by programmatic and administrative
features may affect performance. Data by visiting the Milwaukee Public
contacting Ira Mills at the Department of Library, Mill Road Branch, 6431 North
Labor on 202–693–4122 (this is not a collection includes: Baseline and
follow-up surveys of TAA participants 76th Street, Milwaukee, Wisconsin
toll-free number) or e-mail: 53223—Viewing Hours: M.–Th. 10:30
Mills.Ira@dol.gov. This ICR can also be and comparison group members, site
visits to states and local areas, and an a.m.–8:30 p.m. & F.–S. 10 a.m.–5 p.m.
accessed online at http:// or by visiting the City of Milwaukee
www.doleta.gov/OMBCN/ internet/phone survey of local TAA
coordinators. Department of City Development, 809
OMBControlNumber.cfm. North Broadway, Milwaukee, Wisconsin
Comments should be sent to Office of Ira L. Mills, 53202—Viewing Hours: M.–F. 8 a.m.–
Information and Regulatory Affairs,
Departmental Clearance Officer/Team 4:45 p.m.
Attn: OMB Desk Officer for ETA, Office Leader. SUPPLEMENTARY INFORMATION: This EA
of Management and Budget, Room
[FR Doc. E6–10636 Filed 7–6–06; 8:45 am] summary addresses the proposed
10235, Washington, DC 20503, 202–
395–7316 (this is not a toll free number), BILLING CODE 4510–30–P construction of a new Job Corps Center
within 30 days from the date of this in Milwaukee, Wisconsin. The site for
publication in the Federal Register. the proposed Job Corps Center is a 23-
DEPARTMENT OF LABOR acre undeveloped parcel of land owned
The OMB is particularly interested in
comments which: by James Cape & Sons Company.
Office of the Secretary The new center will require
• Evaluate whether the proposed
collection of information is necessary construction of approximately eight new
Job Corps: Preliminary Finding of No
for the proper performance of the buildings. The proposed Job Corps
Significant Impact (FONSI) for the
functions of the agency, including Center will provide housing, training,
Proposed Job Corps Center located at
whether the information will have and support services for approximately
6767 North 60th Street, Milwaukee, WI
practical utility; 300 students. The current facility
• Evaluate the accuracy of the AGENCY: Office of the Secretary, utilization plan includes new
agency’s estimate of the burden of the Department of Labor. dormitories, a cafeteria building,
proposed collection of information, ACTION: Preliminary Finding of No administration offices, recreation
including the validity of the Significant Impact (FONSI) for the facilities, and classroom facilities.
methodology and assumptions used; proposed Job Corps Center to be located The construction of the Job Corps
• Enhance the quality, utility and at 6767 North 60th Street, Milwaukee, Center on this proposed site would be
clarity of the information to be Wisconsin. a positive asset to the area in terms of
collected; and environmental and socioeconomic
• Minimize the burden of the SUMMARY: Pursuant to the Council on improvements, and long-term
collection of information on those who Environmental Quality Regulations (40 productivity. The proposed Job Corps
are to respond, including through the CFR part 1500–08) implementing Center will be a new source of
use of appropriate automated, procedural provisions of the National employment opportunity for people in
electronic, mechanical, or other Environmental Policy Act (NEPA), the the Milwaukee metropolitan area. The
Department of Labor, Office of the Job Corps program provides basic
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technological collection techniques or


other forms of information technology, Secretary (OSEC) in accordance with 29 education, vocational skills training,
e.g., permitting electronic submission of CFR 11.11(d), gives notice that an work experience, counseling, health
responses. Environmental Assessment (EA) has care and related support services. The
Agency: Employment and Training been prepared for a proposed new Job program is designed to graduate
Administration (ETA). Corps Center to be located in students who are ready to participate in
Type of Review: New. Milwaukee, Wisconsin, and that the the local economy.

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